Are you the spouse or child of a legal permanent resident (LPR)?
Or are you a dependent child of the spouse of a legal permanent resident (LPR)?
Did the LPR file a Petition for Alien Relative before Dec 21, 2000?
If you answered yes to the first and third or to the second and third questions above, the V visa may be appropriate for you! The V visa is a temporary visa available to spouses and minor children (unmarried, under 21) of U.S. lawful permanent residents (LPR, also known as green card holders). It allows permanent residents to achieve family unity with their spouses and children, while the immigration process takes its course. It was created by the Legal Immigration Family Equity Act of 2000, to relieve those who applied for immigrant visas on or before December 21, 2000. Practically speaking, as mentioned above, the V visa is currently not available to spouses and minor children of LPRs who have applied after December 21, 2000.
TYPES OF V VISAS
V Visas are typically issued to three groups of people:
- V-1 Visa: the spouse of a lawful permanent resident (LPR);
- V-2 Visa: a child of an LPR;
- V-3 Visas: a dependent (under the age of 21) child of the spouse of an LPR.
WHAT ARE THE REQUIREMENTS OF A V VISA?
The different requirements for each type of V visa are:
- V-1 Visa (spouse): a Petition for Alien Relative must have been filed before December 21, 2000, the petition must have been pending for at least 3 years or have been approved, but 3 or more years have elapsed, and a visa number is not immediately available, but the adjustment application is still pending;
- V-2 Visa (child): must be the child of an LPR meeting the above qualifications;
- V-3 Visas (unmarried child of an LPR’s spouse): must be the child of a spouse meeting the above requirements.
LIMITATIONS ON A V VISA
If the child reaches the age of 12 while waiting the 3-year period, he or she is not eligible and is in unlawful status. The V visa will not cure unlawful status when applying for adjustment of status to permanent resident. The status expires if the Petition for Alien Relative is terminated, a divorce becomes final, or if the child marries.
If you are the spouse of a lawful permanent resident (LPR), a child of an LPR, or a child of the spouse of an LPR, and the LPR filed a Petition for Alien Relative on your behalf before December 21, 2000, you may be eligible for a V visa. Please note the conditions for sustaining eligibility for a V visa.